Presidency Small Cause Courts Act, 1882
No: 15 Dated: Mar, 17 1882
THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882
ACT NO. 15 OF 1882
An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency towns.
Preamble.—WHEREAS it is expedient to consolidate and amend the law relating to the Courts of Small Causes established in the towns of Calcutta, Madras and Bombay; it is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Short title, Commencement.—This Act may be called the Presidency Small Cause Courts Act, 1882; and it shall come into force on the first day of July, 1882.
But nothing herein contained shall affect the provisions of the Army Act, (44 & 45 Vict., c. 58) section 151, or the rights or liabilities of any person under any decree passed before that day.
2. [Repeal of enactments.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.
3. [Amendment of Acts.]—Rep. by s. 2 and Schedule, ibid.
4. “Small Cause Court” and “Registrar” defined.—In this Act, “the Small Cause Court” means the Court of Small Causes constituted under this Act in the town of Calcutta, Madras or Bombay, as the case may be, 3 [and the expression “Registrar” includes a Deputy Registrar].
CHAPTER II
CONSTITUTION AND OFFICERS OF THECOURT
5. Courts of Small Causes established.—There shall be in each of the towns of Calcutta, Madras and Bombay a Court, to be called the Court of Small Causes of Calcutta, Madras or Bombay, as the case may be.
6. Court to be deemed under superintendence, etc., of High Court.—The Small Cause Court shall be deemed to be a Court subject to the superintendence of the High Court of Judicature at Fort. William, Madras or Bombay, as the case may be, within the meaning of the Letters Patent, respectively, dated the 28th day of December, 1865, for such High Courts, and within the meaning of the 4Code of Civil Procedure (14 of 1882) [and to be a court subordinate to the High Court within the meaning of section 6 of the Legal Practitioners Act, 1879 (18 of 1879)], and the High Court shall have, in respect of the Small Cause Court, the same powers as it has under the twenty-fourth and twenty-fifth of Victoria, Chapter 104, section 15, in respect of Courts subject to its appellate jurisdiction.
7. Appointment of Judges.—There shall be appointed from time to time a Chief Judge of the Small Cause Court and as many other Judges as the State Government thinks fit.]
8. Rank and precedence of Judges.—The Chief Judge shall be the first of the Judges in rank and precedence. The other Judges shall have rank and precedence as the State Government may, from time to time, direct.
8A. Performance of duties of absent Judge.—(1) During any absence of the Chief Judge or any Judge of the said Court, or during the period for which any Judge is acting as Chief Judge, the State Government may appoint any person, having [the requisite qualifications], to act as Chief Judge or Judge of the said Court, as the case may be.
(2) Every person so appointed shall be authorised to perform the duties of the Chief Judge or a Judge of the said Court until the return of the absent Chief Judge or Judge, or of the Judge acting as Chief Judge, or until the State Government sees cause to cancel the appointment of such acting Chief Judge or Judges, as the case may be.